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plus the chilldown in the south. and why 2016 could prove disastrous for labor in america. first, how do we define hate? good morning, i'm dorian warren. it's been a weak of mourning for a university community in north carolina after three muslim american students were shot to death tuesday night at chapel hill. the victims are a 23-year-old, his wife and her sister who was 19. the suspect craig hiks turned himself in after the shooting and was charged with three counts of first-degree murder. he had a dozen firearms and a large stash of ammunition in his home according to search warrants. he shot the three students over

an ongoing dispute over parking. but the families of the victims and muslim advocacy groups believe hix was moteivated by hatred and are calling to investigate it as a hate crime. the father of the sisters talked about the killings thursday on ronan ferrell. >> it was a parking dispute, whatever he was picking on he came to that apartment with his gun two or three times before the murder. my daughter complained and she told us that she felt that man hated them for the way they looked and the muslim garb they wore. the heat has risen after she moved into the apartment and her friends came o to visit. most of them wore muslim attire. >> police will continue pursuing

leads to determine if it was hate motivated. they are getting assistance from the fbi, who opened an inquiry to determine whether federal laws were violated. yesterday president obama responded to the shootings with a statement saying no one in the united states of america should ever be targeted because of who they are, what they look like or how they worship. michelle and i offer our condolences to the victims' loved ones. we are all one american family. whenever anyone is taken from us before their time, we remember how they lived their lives. the vigil drew thousands of mourners, who grew up in raleigh, north carolina, and attended north carolina state as undergraduates. one studied architecture and design. her sister was going to enroll next fall at university of north carolina's dental school where she would have joined her

husband, who was already a doctoral student at the school. the couple had had just gotten married last year and had plans to open a dental office in the future. this case is racing new questions about when a hateful incident rises to the level of a hate crime. joining me now is dr. jonathan, director of the center for medicine health and society and professor of sighpsychiatry at vanderbilt. richard cullen president of the southern law center and assistant professor at florida university. thank you all for joining me this morning. i want to ask you from a legal standpoint why does it matter whether or not the shooting is classified by the police in north carolina as a hate crime? we know the fbi at this point is pursuing an inquiry, but not a full investigation. ex explain to us. >> it absolutely matters because with a hate crime, charges in a hate crime can be used to bump up penalties from another crime to make them more severe. so for example if you're

talking about something murder vandalism, assault, if there's an element of bias that brings in the hate crime charges and can put it to the higher charge. however, in this case north carolina does not specifically have a hate crime law. they have a law against earth thick intimidation. yet at the same time, it's significant that the fbi has opened the inquiry because it does not occur in a social or political vacuum. before 20001 we had something like 20, 30 hate crimes against muslims a year. in 2001 it spiked. it's still above average. >> we have data to show the spike in anti-muslim hate crimes, which after 9/11 went up. then never went back down to the levels. let me follow up and ask how would you prove a hate crime in a case like this? >> one thing i think that's important to remember in proving a hate crime, it's not necessary

to establish that it was motivated or driven by bias against someone for gender religion, it only has to be in part. it does not have to be wholly u motivated. just on the circumstances, there's something to that. not necessarily the facebook posts we're hearing about. the fact as i understand it that this man had problems with many of his neighbors, but he didn't have problems with the young man lived there alone. problems began when the women moved in. >> let many ask you other than the legal consequences what's the value in the findings in the investigation for this community and family who have been very clear saying they believe this to be motivated by religious hatred? >> i think i take the point very well and i think it's to be seen whether this was a hate crime by the legal definition. but in. the snippets that we know about the case already, really the

speck tor of race and racism seem to be all over this for a cup couple reasons. just from the preliminary reports. one is that just because it's a parking dispute doesn't mean it's not also a racist inter. action. everyday racism can manifest itself. so it doesn't mean it's not something else motivated by race. the second is for me this is an increasingly problematic public performance of a kind of militant armed masculinity. so this performance of kind of the angry white man with a gun who is monitoring the parking and he's the kind of guardian of the rules and things like that, we're seeing this it increasingly across the country in less forms with open carry and things like that. but here's the kind of lethal consequence of this performance. >> i want to come back to that point on the performance of white masculinity in a second. but i want to ask you about the

ways in the deaths of trayvon martin and michael brown that have sparked social justice movements. this week the #muslimlivesmatter began trending. there's outrage about these killings in north carolina. does this feel like a galvanizing moment? >> i think it could be and i hope it is. in many ways with trayvon martin and michael brown and so many others, so many communities are saying this is just an isolated incident so i don't understand why you're outraged. what we clearly know is this is in some ways coordinated evidents for some but black lives matter is wholistic approach or trying to become a wholistic approach to recognize these are not random one-offs that happen. i think hopefully this tragedy will actually help so many people recognize that these

incidents actually happen more frequently than we know. this one because it's three individuals and so young and so dedicated to serving others sort of made national attention. trayvon martin was the first child murdered by a vigilante. we know mike brown was not the first child murdered by a police officer. when we think about solidarity what i'm really hoping when we think about the movement, hopefully somehow these two movements can figure out what they share in common so that the solidarity actually builds. these are not isolated incidents for any of these communities. if we can translate this deep hurt that we feel and this moment in this country where there are many white men who feel incredibly desperate. this is their nadir. it's not for us. we should use it as an opportunity to work together. >> really quickly, i want to get you to respond to this question about the difference in the response we have seen to the

boston marathon bombing, the massive and immediate mobilization when the perpetrators at home are muslim versus when the victims are muslim. why do we fail to respond in the same way? >> that's a good question. 9/11 was the pearl harbor of our time and it just changed the focus of law enforcement tremendously. all resources going to kind of jihadi terrorism and ignoring domestic terrorism. and the incident in north carolina, so many other incidents tell us that we have to have a balanced approach to the phenomenon. >> stay right there. when we come back, we'll hear from the family of one of the north carolina victims. ♪ ♪ the bold nissan rogue, with intuitive all-wheel drive.

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on thursday the oral history

project hosted this recording from one of the victims of the north carolina shootings that she made during a conversation with her former teacher last summer. >> growing up in america has been such a blessing and, you know, although in some ways i do stand out, such as, you know, the hijab on my head there's so many ways i feel so embedded in the fabric that is our culture. that's the beautiful thing here is that it doesn't matter where you come from. there's so many different people from so many different places of different backgrounds and religions, but here we're all one. >> joining me now is her sister-in-law dr. susan baricat. >> thank you for having me. >> i want to offer my condolence condolences condolences. can you tell me why through your grief it is important for you to

be speaking out in this moment. >> there's so many reasons. the first most being that their story needs to be heard. that people need to know who they were and what they stood for. the second being we need to be seeking justice on their behalf and that this is a patd earn. this is not an isolated incident. >> please continue. >> if there's anything i can do to help make sure that their deaths were not in vain i want to do it. >> let me ask you what you think about the police's determination that the cause was a parking dispute. can you tell us what, if any, information have the police shared with you and your family as they continue their investigation. >> it's really interesting to me that on day, i don't know how many days after the murder, we're still calling this a parking dispute.

i feel like i have addressed this in every single interview. i don't think this is why i'm here. this is not why i'm here. they were not murdered over a parking dispute. feel free to reference previous interviews. there was no car parked in this disputed visitor's parking spot which he claimed he owned and belonged to his wife which had been cleared by the apartment management as being open to all. no one was parked in that spot. this was premeditated murder. someone came in to my brother's home when they were unarmed, murdered them by shooting bullets into their heads execution style. you don't do that over a parking dispute. >> even if a hate crime designation for first-degree murder doesn't carry added legal penalties, can you tell us what meaning is there for you in the official classification of the

act as a hate crime? >> it's important regardless of the outcome to call it that because it changes so many things. because this was an isolated incident that just happened to my family. we live in a teem where today it's socially acceptable, it's politically advantageous to demon news muslims. it's not okay. in the past week alone aside from three family members being shot in their own home there was a mosque burnt down in houston. there was a man shot through his apartment door and killed in ottawa. there was someone badly beat in michigan just in this past week. i don't need to dig far. >> tell us what if anything for you and your family would be an outcome to this case that feels like justice? >> as i have said before justice means this not happening again.

justice means making reforms on local, national, global levels that ensure what we believe in as americans. this country was built on the principles of freedom of religion. we take pride in the fact that we are the melting pot of the u.s. that mixes colors races, genders, everything. to be living in a time when people are being killed because of what they believe in is not who we are. there is -- an immense amount of hatred and prejudice that is weaved into our society against muslims these days. chris kyle has called iraqis has said i hate those damn savages and i don't care what happens to them. a recent presidential candidate has called muslims infidels and

that they deserve to be obliterated. how is it okay how is it okay to allow a large -- not so much of a minority but a minority to be demonized like this. how do we allow a movie like this o to obtain six academy awards and call him an american hero when he's calling an entire group savages? all you need to do is look at video games. look at hollywood. >> can i ask you very quickly, can you tell us what you want people to know about your brother and your sister-in-law? >> i want people to know that my brother, his bride, her sister were what a typical american muslim family looks like. it is for that reason that people from all over the world are mourning and grieving.

i am getting texts and messages in the thousands saying, i love them as if they were my own because it's as if they were me. it's as if they were my brother. >> thank you so much for being with us. the rest of my panel is sticking around. still to come the scott walker effect and the issue that could shape up the 2016 election. up next the real story of valentine's day and the connection to what's happening in alabama right now. let's take a look at your credit. >>i know i have a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? floor mats... clear coats... >>you're getting warmer... leather seats... >>and this... my wife bought me that. get your credit swagger on.

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gaunt gauntlet, happy saturday. however you feel about february 14th, it meant something different for the real life valentine because it was on this date some time around the year 270 a.d. he died by execution during a late third century he was a holy priest in rome. at the time he was having a hard time finding recruits willing to leave home to fight his wars. a problem attributed to a strong attachment with their wooifs and families. deciding the solution was to sever those attachments banned young men from getting engaged or married. valentine believed it to be unjust and defied the law and performed marriage for young romans in love. when his actions were discovered, he was condemned to death. he was beaten to death and beheaded and canonized by the catholic church. it's unclear how the name became connected over the centuries to

the day we recognize romantic love. but the story of his life still stands as a testament to the defiance of power in the face of injustice and an allegiance with a deeply held belief. this week it is ironically the same position being taken by an alabama judge who was also taking a stance on marriage, but in a way to put him at odds with the roman priest because instead of taking a stand for marriage he's standing in the way. this week that judge alabama's chief justice put himself into n between same-sex couples who want to be married and the state's recognition of those marriages with an order that defied a federal court. they were expected to begin on monday after a district judge ruled last month that the ban on same-sex marriage was unconstitutional. sunday night the chief justice threw a wrench in the plans when he ordered them not to issue marriage licenses to same sex couples the next day which he

explained in an interview with cnn. >> no judge in the united states or federal district court has the right to invent the definition of marriage which is not even contained in the united states constitution. that's the problem. we have people going in trying to mandate to the state of alabama that the sankty of marriage amendment in our constitution is wrong. that's simply not right to do. >> the chief justice's order left the 68 probate justices with a quandary. either comply with the order court that indicated an expectation they issue the licenses or disobey it as instructed by the state's highest judge who insisted they were not legally bound to follow the court's decision. the result was chaos on monday in the alabama court system. same-sex couples in the largest cities were granted marriage licenses while couples in the vast majority of the counties were denied. adding to the confusion was a supreme court that said they would not block the ruling that

overturned alabama's same-sex marriage ban. by thursday that same federal judge began to bring clarity to the chaos when she ruled one judge in mobile must issue marriage licenses to couple he previously refused. alabama's other judges were paying attention. gay rights group, freedom to marry is reporting that as of yesterday more than half the counties were issuing licenses to same sex kup-sex couples. putting those on the opposite side of history from chief justice moore who may find himself at odds with the supreme court who is poised to issue an historic ruling when it considers to restrict same-sex marriage during oral arguments. joining the panel is a professor of law and political science at yale university. i want to ask you first, is chief justice moore standing in the courthouse door?

he seems to think he has a legal justification to opposing the federal court. is that true? >> i'm no fan of judge moore, and i am hoping and praying for same-sex marriage everywhere as soon as possible, but the supreme court of the united states has not yet spoken. when george wallace is standing in the courthouse door the supreme court had already weighed in with brown v. board of education and we don't have that yet, so much as i hate to admit it, moore has a bit of a point technically legally speaking. the federal district judge only sits in the southern district of alabama. there are other districts, other cities. she doesn't have jurisdiction over birmingham or montgomery. only over the mobile area. the lawyers in the case didn't join all the probate judges as defendants as maybe they should

have. they didn't bring a class action. here's the basic point. we're all hoping and expecting i think that the supreme court will weigh in on the right side of history, but hypothetical suppose, god forbid justice ginsberg and kennedy got the measles next week and were out for the next two months. now it's not so clear that it's going to be 5-4 or 6-3 so they haven't weighed in yet. >> we'll come back to that point in a minute. because you have a little history with this alabama chief justice, i wanted to ask you what are motivating his actions here? he's giving a legal justification but also cited his religious belief. >> he brought in a monument to the ten commandments when elected in 2011. he refused to take it out. he was removed from office by judicial ethics commission. now this time, and remarkably he was reelected.

we filed ethics complaints against him because whatever his technical points might be he has an obligation to not undermine the integrity of the judicial system. maybe i won't, judge grenade is lawless, that obviously undermines the integrity, the public's confidence in the judiciary and i hope officials remove him again before he causes more trouble. one more point, if i could make. in one opinion, justice moore indicated that the state had the power and the obligation to use the power of the sword, including the power of execution in order to protect children from what he called the homosexual lifestyle. the legal citation was leviticus. >> oipti want to come back to the supreme court, which is hearing arguments in april. it will be a landmark decision. i want to play video from

justice ginsberg who sounds optimistic about how the court will rule. >> i think it's doubtful that it wouldn't be accepted. the change in people's attitudes on that issue has been enormous. i think that as more and more people came out and said this is who i am and the rest of us recognize that they are one of us. >> i'm thinking about this. i want to direct this to christina. this could be a landmark decision if the court comes down favorably. roe v. wade was a landmark decision. we're here four decades later watch pg as the fight against reproductive rights are being rolled back. it took years for judicial oversight for full compliance and schools are just as segregate edd by race and income as

they were 60 years ago. this is a debate about the role of courts and social change. should the supreme court rule in favor of same-sex marriage? is the case closed or should we expect resistance? >> there's always going to be resistance. even though we're in a shared federal system, there's going to be a fight about state's rights. especially in the south. i don't think alabama is an odd state when we think about the one state right now that's pushing back. i think it would only help the country if the supreme court ruled favorably in favor of not just gay marriage but framing it as marriage equity so we can think about it as a constitutional right for americans to get married. it isn't listed in the constitution that it's between a man and a woman. this would be their clarification. akrols the country, there will be smaller venues that push back, but i think for the most part public opinion is changing in the right direction. >> public opinion in alabama?

>> public opinion in alabama is very much against it. we're also seeing a change in cohort so as younger people grow up and realize and have positive interactions we have seen this with black and white relations, with sort of catholic jewish muslim relations, it's happening. so it could only work in favor for the marriage equity movement, but i think we need to be careful how we frame it for people moving forward so e we understand it's a personal and political conversation. >> it is moving forward because even in alabama the leading papers in alabama, they have come out in favor of marriage equality and against the judge. i think it's incredibly courageous of these couples in alabama to come forward in the society that's still dominated by this religion to come forward and attempt to have their marriages recognized. i think we are seeing the progress and seeing change in the attitudes, but it's coming. >> so much more to say, but

we're out of time. thank you to the panel. up next, why scott walker was deliberately trying to be bland this week. the future of the market is never clear. but at t. rowe price we can help guide your retirement savings. our experience is one reason 100% of our retirement funds beat their 10-year lipper averages. so wherever your long-term goals take you we can help you feel confident. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing.

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he tried to avoid it. really he did. his strategic approach just don't say anything. wisconsin governor scott walker like the rest of us recently watched his fellow governors fall victim to the would-be president goes to london and gets mocked by the press. with christie it was vaccines. but it all ended the same way. with disastrous headlines walker was determined to avoid. he said he'd rather be bland than stupid or moronic. but he may have been all three. in large part because of moments like this. >> are you comfortable with the idea? do you believe in it? do you accept it? >> for me i'm going to punt on that one as well.

that's a question a politician shouldn't be involved in one way or the other. >> any british politician right or left wing would laugh and say, yes, of course, evolution is true. >> i said it's one of those i'm here to talk about trade and not another issue. i love the evolution of trade in wisconsin. >>. walker later tried to backtrack by tweeting he leaves science and faith are compatible but in that moment, he punted and that was how he went from being talked about as the potential 2016 gop front runner to the latest lon don flub. but even though this week's national headlines are about walker's punt on evolution, the presidential primary governor walker is telling himself to the establishment and tea party wings of the party as the guy who can take on the unions. don't forget it was just four years ago walker used his state's budget negotiations to strip away collective bargaining rights from his unions.

that prompted massive protests followed by a recall election, which he won. he then went on to win another election after that. that's why he's now making his appeal to iowa republicans in what looks like a 2016 campaign by touting his victories over his detractors in organized labor. other governors seem to be following his lead. illinois governor bruce rauner made headlines when he took an unprecedented step to dismantle his state's public sector unions. he issued an executive order barring from all state workers to pay automatic membership fees. although some suggested he doesn't have the power, he's going ahead with it any way. even though it was a bad week, the candidate, it was good week for walker the movement as the battle against unions heats up again. which leads me to wonder is this where the gop is headed? with scott walker as their flag

barer, will this upcoming election psychcycle be the political moment when the gop tries to once and for all end public sector unions as we know them. when we come back, i'll ask the panel just that. in your pocket right now? i have $40 $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years that retirement challenge might not seem so big after all. ♪ ♪ ♪ ♪ the bold nissan rogue, with intuitive all-wheel drive. because winter needs a hero.

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this week governor. bruce rauner dealt a huge blow to union when is we declared a policy of collecting fees from state workers unconstitutional. now if a governor playing the role of supreme court justice in interpreting the constitutionality of existing policy sounds brazen that's because it is. but there's a reason why the governor is so em bold. ed. at same time he's making his play against unions scott walker of wisconsin is waking a surprising rise from second tier presidential prospect to the party's new favorite potential 2016 candidate. does all that suggest we're geeerring up for another election psychal and possibly a

national one this time where unions are in the republican party's cross hairs? joining the panel is washington correspondent for the nation and deputy director of the manhattan institute center for progress. i want you to explain to us what the heck is going on in illinois illinois. >> illinois had a republican waive election in 2014 like everybody else just about. and they brought in bruce rauner, a wealthy man who got his on campaign. and got in trouble early on by saying he had doubts about the minimum wage. and then got hit hard enough on that he decided that now i'm for minimum wage but he's still very interested in messing with a lot of the structural underpinnings of not just a living wage or minimum wage movement but unions itself. and so what rauner did was go

right at the heart of some of the strongest unions in illinois. and he said, look we're not going to go all scottwalker on you. we're not going to take away your collective bargaining rights, but we're going to take the state out of collecting the fair share dues. if you don't want to join the union, you don't have to but tough pay a little for that representation. we're only talking 5,000 people. roughly a smaller number of folks. >> what happens? he issues an executive order and what happens next? >> this is what gets interesting. a lot of people don't know how to cover anymore. if you do there's many stages of these things. rauner took the unions down it's over. no, because you have an attorney general who is a democrat. you also have a state comp controller, a woman appointed by

bruce rauner to a vacancy who a republican who would be up for reelection and both of them said i don't think so. it's interpretation that this isn't going to work. >> and the comp controller. >> so you have a situation now where the governor made this order. you have the people who are supposed to implement and say they are not going to do it. we're going to have a legal fight. this is a big deal for one reason and one reason above all others. if you read supreme court decisions and read samuel alito's -- sometimes he's right in the decision -- he keeps saying how much he'd really like to visit unions. >> this is in the cross hairs. there's a supreme court case that's pending. >> this one could go. all the way up. >> i want to get you in here. i find it interesting. conservatives, gop, presidential candidates have started to talk recently about income inequality

and poverty to my surprise. but the decline in union membership when you look the declining membership over the last 30 years tracks pretty well with the declining share of middle class incomes. there's a relationship there between inequality. how do you combat while fighting unions? >> the relationship is tenuous on this chart. when they analyze tax records for lower class, not even the middle class, they found once you address for tax benefits and for things like health benefits chrks have increased over the past 30 years actually middle income families are doing better. they are not doing as much better as the upper class is. so it is increasing. that chart doesn't tell us that incomes are stagnating. just that the economy is growing faster, which is a much more nuanced point. >> so there's no relationship between unions and income inequality whatsoever?

>> there's absolutely a relationship. i wonder whether there's a relationship between inequality and how well the middle class is doing. once you take away countryies internationally that are very corrupt and try to find that same correlation, you find that lower inequality correlates with higher gdp growth. so things change. >> we are finding research that also suggests that lower rates of inequality are related to higher rates of growth. we don't have enough time to debate this. it's not just the gop thing. the labor battle is brewing with the democratic party. that's next. orite book is nice. but i think women would rather curl up with their favorite man. but here's the thing: about half of men over 40 have some degree of erectile dysfunction. well, viagra helps guys with ed get and keep an erection. and remember, you only take it when you need it. ask your doctor if your heart is healthy enough for sex.

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as illinois governor bruce rauner tries to follow the model by scott walker in taking on unions, there's surprising differences in the way the battle is playing out in illinois.

it appears that governor rauner will not face the same opposition that helped propel the union battle in wisconsin into the national spotlight. as political points out, the democrat in the state rahm emanuel enjoys a friendly relationship. the national level while anti-union republicans jockey for the presidential nomination the sitting democratic president has angered labor as a whole by trying to advance a controversial trade deal. if the 2016 election cycle looks to be a year they try to demon news, who is left to defend them? where is the democratic party strong defensive organized labor? >> it's there, you'll find it in some states and in some people. i was in iowa last weekend and bernie sanders is there this weekend thinking about a presidential race. i can tell you that one of the reasons why there are people who take an interest in bernie

sanders and elizabeth warren is because of a sense that there are other democrats who have not so rigidly or passionately pro-union. so at the base there's a lot of passion for this. the unfortunate or challenging reality is as you move up the political food chain you see people who frankly are trying to balance budgets and one of the complexities is that in this country we have so taken something so off the agenda that you can't say we have some budget problems here we're going to have to make bruce maypay more taxes so you start to look at your employees as a way to balance budgets. >> i want to get you in here because you like big cities and philadelphia. we know the democratic national convention will be in philly in 2016. we also know that there's a divide between the democratic party between those that are in sway of education reform which takes on public unions and

teachers unions not for budget reasons. how is this going to play like in the convention in philadelphia? >> we'll have a much more interesting convention than we thought. it would do the party a disservice without a really important conversation. we see governor cuomo attacking unions in many ways. not all unions are the same. if inequality, however, we're going to define this is going to be a central piece for democrats and republicans, clearly labor and what we're going to do with labor has to have a reckoning moment. it may pit city against noncity. we have seen the up state versus down state conversations in new york several times. this is going to be a larger conversation about how we treat teachers and what does the vision of education look like in this country as well. so i was excited for the shenanigans that the republicans

would give. us but. i'm hoping for substantiative debates as well. >> one of the ironic things about unions and labor and attacking the pension costs and all these different things is union membership nationally is at an all-time low. in many ways, the weaker unions get, the more republicans are pushing to curtail them. >> that's true but let's look at data on this. the difference between public and private sector unions. the public sector is about 1 in 3, about 35%. private sector is less than 7%. >> for republicans it's a winning issue because when you attack unions, you bring in not just tremendous outside contributions like scott walker collected like $22 million forrom the koch brothers. to the discredit, some of our democrats are maybe eyeing those contributions as well as seeing this as a pop list issue that is

easy to demonize unions and they don't have the strength to fight back. >> they do have the strength in some places. this is where we get into a huge conundrum. it's a bigger part of what you're talking about. you mentioned fast track and tpp. democrats have often supported free trade deals that have really kicked the heck out of a lot of industrial cities. now we have a situation where, yes, public sector workers often have fair contracts with decent pay, decent benefits. . they are under attack through a jealousy politics that says you have lost all these things. >> and the fact that they still have a lot of money to give to democrats and elections. >> we're out of time. thank you to the panel. we'll be back in the next hour. coming up, a checkup on the affordable care act as a key deadline approaches. and why "50 shades of grey"

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welcome back. i'm dorian warren. procrastinators procrastinators, pay attention. tomorrow is the last day to sign up for health insurance on the obama exchanges. more than 10 million people have signed up for 2015 coverage. last year it was 8 million. nearly five years after the law was signed the affordable care act has by many measures been a a success. 11 million people have insurance who didn't before. 11 million people can now afford to see a doctor who couldn't before. and the change has been highest among the people of color and the poor. part is thanks to subsidies that help people buy insurance on the

online exchanges. the average premium is $105 a month. and most people on the exchanges are eligible for that federal help. 85% of exchange policyholders receive subsidies. that means of the 10 million people who are signing up for health insurance 8.5 million will get subsidies to help them afford it. 6.5 million of those subsidies are going to people using the federally run exchange which hhs operates in the 34 states that have not set up their own exchanges. but the subsidies are at risk and with them the aca itself. next month the supreme court will hear oral arguments. the lawsuit funded by the libertarian group competitive enterprise institute are seeking to undo those subsidies and the question is why. they claim the billions of dollars in tax credits on the exchanges are illegal. here's what's happening. the aca called for an online insurance exchange in each state where individuals can buy health insurance with the help of federally funded subsidies in the form of tax credits.

crafters of the bill expected that most states would set up the own exchanges. a federally run exchange would be set up in states that wouldn't set up their own. opposition to the aca was much more long-lived than the obama administration expected and hhs ended up running the exchanges in the 34 states. as it stands you can get subsidies no matter what kind of exchange your state has whether it's owned or a federally run exchange. the lawsuit at the supreme court argues that the federal subsidies were never meant to apply to the federally run exchanges. they quote the text of the aca that the subsidies would apply to exchanges established by the state. the administration maintains that the language encompasses it all that applied to both federal and state-run exchanges. in march the supreme court will hear those arguments. that f they strike down the subsidies, 10 million people could lose their health insurance and republicans would

get what they wanted. the affordable care act president obama's crowning achievement would fall apart. joining us now is professor of law and political science at yale university. the deputy director of the manhattan institute center for medical progress and the president of the group and a business and political marketing consultant. tara i want to ask you first wharks are the stakes here. give us a sense of what's at stake here and how important are the subsidies they are benefitting from. >> the stakes are very high. this is part of an ongoing effort that the obama administration did underestimate the longevity and the vee lance of the attacks against the affordable care act. this is very important because some of the states that have allowed the federal government to set up an exchange are states that probably would not have set up an exchange any way. the residents of those states rely on the tax credits and the different subsidies available to

them. this is critical. that is exactly why this lawsuit has been brought to bare. it's to break the back of the affordable care act. and let me say this. this is one thing that gets mised in this argument. a big part of the affordable care act is actually changing the delivery of health care in this country. it is making sure that we transition from a system where we pay doctors for services to assist them where we pay them to improve health outcomes of the actual patients. that means we're trying to make people healthier. by definition costs go down. that's something that's missed. the republican plan does not address that. >> just on cost let me ask you if the subsidies are struck down 9.6 million people could lose insurance and premiums would go up 47%. am i right in thinking that a ruling by the supreme court striking this down would seriously undermine the heart of the affordable care act? >> well, what it would do is

undermine it in the states. the states would be fined. republicans do have an alternative. they had had one last year. they brought another one this year that would in cheaper insurance plans and would result in more people being covered. the reason they have brought that out right now is to say if you strike down the subsidies, there's not going to be total chaos in states because we have this alternative ready to go. then they will put that on democrats and the president to sign or to veto. then they could blame the president for taking subsidies away. >> i want to get you first. what will the supreme court be looking at here? how does it make a decision about the intent of the law? >> i hope they look at the overall purposes of the statute. here's a point about intent. find me one person one senator, one representative one actual staff or any of the countless journalists watching this law being passed over an entire year the ezra kleins of the

world, find me one of them who said this statute means what the critics are now trying to say it means. this is an ex-post fak to clever attempt to try to pull a thread and hope the sleeve falls off but no one said that before. so that's one point. whether we look at the lawmakers themselves their staffers or the rest of us very few laws are passed with the world watching. >> help us understand what the courts should be looking at. . >> look at how the agency of the federal government tasked with actually making it work is understanding it and implementing it. this is a very complicated statute. maybe if you pull the string nothing of this threat nothing happens or maybe the entire thing unravels. we don't know. i don't know. with all due respect, you don't know. and the judges definitely -- you can say a bunch of stuff, but we don't know. but the agency that was set up

by the law to administer the thing says we're very, very nervous about this reading. this is the wrong read inging. it doesn't make policy sense. >> what you did -- you did an an outstanding job of explaining this. what's at issue is 900-page piece of legislation. there are two provisions slightly ambiguous and could be taken either way. this is going to the supreme court under very questionable grounds. the thing is there is precedent for how the supreme court should look at this. this is not an issue of constitutionality like we saw before with the constitutionality of the mandate. this is a question of statutory interpretation. on statutory interpretation, the law is clear. first of all, you look to congressional intent. in the name of the law, that's designed to make health care affordable and available to us. many people as possible. secondly if there's any doubt about that you defer to the

agency charged with enforcing it. that's the irs and the irs agrees with the government in this case. so the law is clear on the subject. this should not be before the court. >> so so much more to say. don't go anywhere. stay right there. up next president obama shames companies who don't want to provide health insurance. as we go to break, the president recorded a new viral video for buzzfeed promoting healthcare.gov. >> the dead line for signing up -- the dead line for signing up for health insurance is february. >> not like any other wednesday. >> february. >> wednesday. >> february 15th. february 15th. in many cases you can get health insurance for less than $100 a month. just go to healthcare.gov.

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this year the affordable care act's employer mandate is going into effect. businesses with 100 or more employees must offer health insurance to full-time workers. they will face steep penalties. they don't. if any of the employees turn to the exchanges instead. this gives employers incentives to cut hours below the 30-hour threshold or to layoff or not hire new employees. while it's too early to engage the effects, there have been stories about employers cutting back. this week buzzfeed reported that staples is cracking down on part-time employees threatening it to fire them if they worked more than 25 hours a week. they believe the crackdown was

correctly related to the aca. buzzfeed asked president obama what he would say. >> when i hear large corporations that make billions of dollars in profits trying to blame our interest in providing health insurance as an insurance for cutting back wages, shame on them. >> staples said they have had a 25-hour limit for more than a decade. the company also shot back. at president saying it's unfortunate that the president is attacking a company that provides more than 85,000 jobs and is a major taxpayer. so before we get to the question of should businesses be shamed for not offering health insurance, i want to go back to one legal question that's really important wirp just discussing. this is the question of standing. we know that this week there's been some reports for the plaintiffs in the case may not have standing to sue. two are veterans eligible for care through the v.a.

one will soon be eligible for medicare and the fourth may not be required to pay the penalty at all. why should it matter? >> courts federal courts decide cases and controversies involving real facts and real people. you have to have plaintiffs who have actually been injured, legally injured and have to sue the proper defendant. we were talking about alabama in an earlier segment. i said technically it wasn't clear they sued the right defendants. here the question is whether or not you have the right plaintiffs. if actually none of the four plaintiffs is really going to be covered and required by the individual mandate, you have the wrong people in court and maybe the lawsuit shouldn't even be heard. there might be other people later on but that's a year down the road for the supreme court. in the interim. this law puts down deeper roots. we went from 8 million to 10 million and maybe next year will

be 12. it becomes harder for a ju dish to yank the thing up by the root and undo it. >> to understand the punch line, the court could throw the case out. >> it absolutely could and even if only one judge thinks the standing is a problem, you add that one judge to four others who might be willing to uphold the position on the merit, that might make five. there are all sorts of interest. ing possibilities. >> that lack of understanding speaks to the questionable nature of the case. a lot of work went into this lawsuit. this is attacking the president's signature legislation. this is a multimillion dollar lawsuit. these are the best four plaintiffs they could come up with out of all the vetting they did? that speaks to the fundamental weakness of this lawsuit. they could have done a class action. they chose not to do that. it speaks to the dismtty that someone suffered harm from the affordable care act. >> that's because no one suffered harm. >> i want to get back to businesses and the employer mandate. the president said in that clip

that staples should be ashamed of themselves. should businesses be ashamed for not offering health insurance? >> absolutely because let's look at this in a larger context. this is part of an ongoing issue in this country. we have seen people's wages go down. there's new data out saying american families make less than 15 years ago. we have seen after the great recession young people coming out of college. they needed health care. they could stay on their family's plans thanks to this law until they were 26. if you were a young person who couldn't find a job. what we have now is we cannot have a country where we have really, really rich people and really, really poor people. we see that in other countries around the world and that does not work. this is part of a larger trend that needs to be addressed. and remember one of the fastest ways a company can improve stock value is by laying people off. that's one of the fastest ways to do that. so we incentivize ceos to do

that versus improving a economy. >> let me get you in here. so we were laughing a little bit at the break. there's an alternative gop plan. there's a a replacement bill. tell us why -- he's laughing at this. tell us why we should eliminate the employer mandate like the bill proposes. why is that a good idea? >> it goes back to really, really bad policy from the -- >> from romney care. >> from the great depression era. we have created tax breaks for businesses to offer health insurance to middle class and wealthy families. those are the ones that benefit from the tax breaks. we're telling businesses we're going to impose a cadillac tax on the high value insurance. unions are going to be the first to get. hit by that. then companies are going to get hit. on the one hand we're telling businesses to offer coverage. the other hand but we're going to not let you offer coverage anymore than this. get rid of the employer mandate

and focus on the individual market where you have affordable coverage. that's a much better proposition for the middle class. >> quickly, the supreme court decides not to dismantle the subsidies. do opponents have legal tricks? >> i don't think so because the longer with go on people are depending on it and we see people getting coverage. the more time goes by the more people that would be caused by a attempting to unravel it. >> unfortunately, we have to stop there. thank you to the panel. i want to say a very happy birthday to our good friend raul raez who decided to spend it with us. so thank you. we have breaking news out of the danish capital. shots were fired.

he portrayed mohammed as a dog. strict security has accompanied his public appearances. three officers have been injured. we'll continue to monitor this breaking news on msnbc. up next, love it or hate it people are flocking to it. the 50 shades phenomenon when we come back. you show up. you stay up. you listen. you laugh. you worry. you do whatever it takes to take care of your family. and when it's time to plan for your family's future

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sold over 100 million copies worldwide. 2 copies are being sold every second. now the movie of 50"50 shades of grey" is reported it's the fastest selling r rated movie in 15 years and three movies have sold more tickets ahead of opening day. the film will bring in $89 million in ticket sales in the skpus canada alone over the long holiday weekend. 50 shades, which is distributed by universal pictures is shaping up to be a cash cow in other ways too. want to buy branded wine for $17.99? or an item from their jewelry line. here's what make this is more stunning. as you have gathered, the franchise is, to put it lightly, very, very racy. in the film a college student meets a rich ceo whose tastes are very singular.

he wants her to sign a contract detailing specifically what she will and will not do in the bedroom or his so-called play room. the film features sex that involves domination riding crops and you get. the idea. especially if you have read the book. it's a far cry from the more traditional romances that grace the big screen. because this contest has been such a success, it's generated a lot of controversy. on the one hand 50 shades has been deemed a celebration of bad choices by women. others say it qualifies anz unexpected feminist fantasy. joining me too discuss the movie is the director for the center of medicine health and society and a senior political writer at "cosmopolitan." this is an open question. i have to admit for research for this segment, i had to see the

movie. is this a feminist fantasy or is it a feminist nightmare? >> i don't know that it has to necessarily be one or the oh. it falls in between. i don't think this is an overtly feminist film, but i think it's a good thing we're bringing the idea of female sexuality and female sexual pleasure into the national conversation. i don't know that this film achieves it in the most feminist way possible but i'm at least glad we are talking about the fact that women have sex. women like sex. women have sexual desires and those run the various tastes. that's a good thing. >> help us understand why this is so popular. >> building off what jill is saying it contradicts so many of the images that we see in mainstream media which tend to focus on a presentation of sexuality that's very much geared towards men. so we get gorgeous women having

a quick kiss, penetration, instant sexual ecstasy. the book part of what's made them so popular is they present a landscape of sexuality very much focused on a much wider gam et of choices. i think that what a lot of the commentary is left out is that christian grey like him or hate him, is someone who is skilled in the subject of female sexual pleasure. and everything that happens in the film is consensual. and they are adults. >> i also think part of what's going on too is he's also a billionaire. >> if he wasn't a billionaire -- >> i would be curious. if he were a walmart worker i wonder if this would be a best sell seller. it doesn't have to be mutually exclusive. but part of the fantasy is also that this man with his own helicopter, his own business can

whip this college girl who is sort of explored this new range of sexual fantasy. >> i want to ask you in terms of your medical expertise, there's a growing course of groups that say the film is glorifying violence against women. one says the standards of emotional abuse and sexual violence include every one of the interactions between the two main characters. a letter was wrote saying the movie is a graphic portrayal of a woman agreeing to be abused. so in your formal expertise, do you agree? >> i should say there's a long history in my profession of psychiatry of pa tholsaying it's based on pathology.

bondage, submission, other things. >> for those that didn't read the book. >> or haven't been googling it. i googled it so much yesterday that i was get ingting pop up ads for neckties. but i would say that there's a long history of pathology from down. interestingly, people who are proponents say that it's the opposite. there's something very healthy about role-playing, people who are dominant becoming sub misive. and i watched the movie yesterday also and what i found interesting was it did seem at times to revert to this older notion of sexuality as being pa logical. it wasn't the movie i was expecting in a certain kind of way. >> but could this movie lead to a more expansive view of sexuality. just a broader discussion of

sexuality? >> i hope it does. you brought up the bdsm community. there's interesting critiques about this film. basically saying that consent is important and there is technical consent here but there's such a huge power differential. some of it seems to be coercive. do this or i'm leaving. is that real consent? are we talking about just saying yes or no, or are we also talking about enthusiasm and affirmative consent and being excited about what you're doing. even if that means someone else taking charge. one of the biggest criticisms is it doesn't walk that line particularly carefully. >> hang on before we go. an update on breaking news out of the danish capital. we have images of the shooting that happened during a free speech panel. you can see bullet holes in the glass door of the cafe. it featured swedish artist larz vicks who are received threats after he portrayed the prophet

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mr. grey will see you now. >> he was really smart, very intense. >> to what do you owe your success? >> i have always been good at people. i have a natural instinct for what makes a person tick. >> it's opening weekend for the hotly anticipated "50 shades of grey" and the movie's story line is generating plenty of heat. pushing that temperature higher beyonce. the film features a sexy remix of her hit "crazy in love" which has also accompanied the movie trailer.

♪ got me looking so crazy right now ♪ ♪ your love's got me looking so crazy right now ♪ >> the public got a completely different vision of the star last weekend at the grammys when dressed in a long gown. she performed a powerful rendition of the hymn "take my hand." nothing illustrates the mixed messages our culture sends about women's sexuality. the classic ideal of pure and demure versus if you got it flaunt is. while women may feel more comfortable taking their sex eye side public now, there are plenty of people who remain uncomfortsable with it. governor huckabee who his new book criticizes beyonce for dance moves that "best left for the privacy of her bedroom." in montana state representative david moore introduced a bill this week seeking to strengthen the indecent exposure laws. if moore had hiz way, tight clothes would be a criminal offense.

yoga. pants should be illegal in public any way. he later said he was joking but regardless of his intention, the text of the bill supports a culture that demeans women. i want to come to you, hillary, and ask you stories like this the yoga pants ban or controversy surrounding the "50 shades of grey," suggests in some degree it's tattoo boo to talk about women's sexuality in public. >> women have been trained for at least 100, 200 years to feel a lot of shame talking about their sexuality. which is something that i think a book like this one of the positives in my mind is that it represents an opening up of a conversation. an encouragement of dialogue between women and men in this case to talk about what they like and what they don't like. and i think that has been the pressure first to be purely demure and now the pressure to be purely sexy.

again. there's a middle ground that needs to be found. that can only be found through conversation. that's what will lead to more happiness and fun for everybody in bed. >> 100 million books sold is staggering o to me. >> i take her points very well. having seen the movie, the true important pornography was opulence. how much money does this guy have? it's kind of like the guy who has the custom play room. everybody else throw s it in a box or something somewhere. there was this pornography of consumption that was part of the sexuality. it was almost like the facebook movie with sex scenes thrown in. the other point is i keep thinking about other points in time where we have had books like this. so if you think about the '70s with "fear of flying", that was a book that changed our idea -- it was a book that changed our idea about gender roles. women refusing the role system.

what's interesting about this moment is it seems to be a film and a book that doesn't trouble that kind of gender structure. so we were talking about women's empowerment. this might be a movie that's a different kind of women's empowerment but not one that was a refuting gender roles. >> i'm curious on this in terms of just thinking about how sexuality is portrayed in our culture. it seems to me in the movie, watching the movie it seems to me it's still portrayed through a man's filter. i'm wondering under what conditions or where might we truly get a look at authentic female sexuality in some ways? >> that's a very good question. i wish i had a magic formula for how to image authentic female sexuality, whatever that means. i think that female sexuality has for hundreds of years been filtered through male control, male violence and in popular culture through the male gaze

and male portrayals and what men see and women are the objects of being seen. there's this film criticism line that men watch and women watch themselves being watched. i think you would have to get to a position where women also got to be the watchers and the agents before you're really see seeing awe thentdic sexuality. i do think one of the reasons that this film and this story resinates with women is because women are so punished for being sexual in public. we're punished no matter how we do it. so having this narrative of a woman who gets to experience sexual pleasure, have these mind-blowing sexual experiences but she's not doing anything so she's not being bad, it's being done to her and she gets to enjoy it, i think that's a really psychologically safe space for a lot of women who like sex and want to have sex but realize there are huge social consequences for it. >> i know that you believe there's a connection between

more open conversations about sexuality and the recent activism on college campuses around sexual assault. you think this movie will contribute to the activism? >> not in a linear way, but it's part of making women more comfortable talking about sex. and so for instance one of these cases that's happening at columbia right now it's almost unimaginable to think that even ten years ago a girl would have felt comfortable saying i was having consensual sex and then there's a way that this kind of book, and i -- the book gives her us her interior dialogue, but the movie does not. it does contribute to conversations about that break down shame about talking about what they like and don't. >> we're out of time on this conversation. we could go on and on about this. thank you to the panel.

i think the best part of the movie is the album. thank you, beyonce. the creator of being mary jayne is here with what's coming up on the hit show. that's next. how much money do you have in your pocket right now? i have $40 $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years that retirement challenge might not seem so big after all. ♪ ♪ americans drink 48 billion bottles of water every year. that's enough plastic bottles to stretch around the earth 230 times. each brita filter can replace 300 of those. clean. clear. brita water. nothing is better. (vo) after 50 years of designing cars

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several reports have as many as 30 bullet holes in this glass door. in the police statement, there's information about a getaway car and suggestions that there was more than one shooter and they have a description of a car that they are now looking for. what you're seeing now, this gentleman is the artist the controversial artist who was at this meeting. he has been targeted several times before. his name is larz vilks. he's faced threats for his depiction of the prophet mohammed. he was not hurt. two people at least may have been injured. there's video of a police officer being taken away in a stretcher, but he appears to be conscious and talking and likely not seriously injured. but again, shots fired at this cafe where this controversial artist was hosting a talk. no one killed, and police are looking for the shooters.

back to you. >> kelly, thank you. now we want to switch gears to a lighter subject. the force behind hits such as "girlfriends", forcing women establishing careers and finding love and "the game", fans of these shows know they all have one particular element in common. the production power of businesswoman mara kill. her latest project "being mary jane" launched in 2013 and returned with a successful season in 2014. the show about a successful news anchor whose personal life is beautifully flawed and more than 5.8 million viewers tuning in for the finale. this season viewers are getting more of a glimpse of personal life including a family of her own. this scene from an upcoming ed episode she's starting fertility

treatments. >> you want to help me? give me. the shot. i don't need a lexture or diagnosis. just a shot. >> i want to make sure you're doing this for you and not something for him. >> i'll do it myself thank you. >> this month mary jane is back with more drama as she juggles life love, family and career. joining me is mara the producer. thank you for joining us. >> thank you for having me. >> such a pleasure to get a chance -- i've been a fan of all your shows. what inspired you to create "being mary jane"? >> around the fifth or sixth season of "girlfriends", i started to to realize i don't think joan would share this with all the rest of the girls. some of the things we keep to ourselves when we're not reaching goal. s or ideas about who we should be. maybe start lying to ourselves

and start withdrawing. the idea they would sit around the table and share everything all the time was not true. so i was looking for that. and the characters started speaking to me. mary jane this is what i want to say. so i just started jotting notes down and wanted to -- i needed a bigger canvas. i needed an hour format and an ability to go for the emotional moments and some of the lighter moments. life is not dramatic and funny all the time. it's a mixture of both. . >> in terms of a mixture of both it's "beautifully flawed." does it speak to what you described to as the different aspects o of life? >> one of the things i try to do in my work i find in creating characters about african-american women, a lot of times the audience wants positive images. because we're trying to right the wrongs that have done to our image. but i actually think that the positive image can be just as

damaging as the negative image. we don't live in those extremes. our humanity is in between. so it's about how all of us as human beings are trying to do the right thing. it may not act out that way, but i think our intention is to be happy, to live a fulfilled life and try to follow our dreams. we stumble along the way. >> i just love the pick of gabriel union. this is in a text of network and cable shows with powerful black women with "scandal," "how to get away with murder", what's your text on this broader moment in terms of black women being protrayed in these positions of power? >> we walk the earth in positions of power. it's about time we are seen. it's so often i have had had to experience american culture through the lens of a white

woman. why not it be that we experience american culture, humanity, universal themes of through the lens of a black woman. so i think it's about time. as i do think it's for other races. it's time to show what america looks like. we have sort of been out of the conversation, so to speak. so it's nice that it's flooding in and it's getting the validation with the viewers and like we were number one the night we premier eded. social media that's validating. people want to hear our stories. >> we are out of time. i have so many more questions. melissa is going to be jealous she didn't get to meet you. thank you so much. up next, keeping the montra black lives matter at the forefront through art. forefront through art. next. verizon.

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the kurt the curtain is pulled back. more modern images in the making even before the books are written. and a portrait combining the faces of michael brown and shawn bell and travon martin. all young men whose stories and lives were unique and separate as well. they are the images of our foot soldier of the week a visual artist whose personal experiences led them to explore issues of race and social justice through art. his work is on display in new york city through february 21st. thanks for joining us. i want to start with the drawing the blinds collection and the painting that you have of thomas jefferson. what is the story behind that? >> i was having a conversation

with a woman who taught high school, american history. we were having a conversation about thomas jefferson. at some point we got to the issue of slavery. she said yes, but thomas jefferson was a benevolent slave owner. i said i don't know that i know what that means. i don't know if anyone has been called a benevolent kidnapper or rapist. i don't know what that means. there are still generations of people that are still learning this strange, strange history. not the truth. i went back to the studio. >> the next image shows the three michael brown and travon martin super imposed together. >> i started to work on that

series quite a while ago. a series stacked on top of each other. it occurred to me that these men were suffering and died in the same way and what was it about them that made it so difficult to distinguish between one and the other for the folks that are seeing them on their street. the pieces became about the inability to distinguish between one black man and another. >> the next is called another fight for restroomance. tell -- -- remembrance. >> this is the most articulate version for me personally. it is about this idea of being absent and present at the same time. my fear when i was commissioned to do this piece, it would be a

moment where we remember the issues and then it will be erased and forgotten. i wanted to depict the image in a way that it could be erased. >> to say thank you very much. that is our show for today. thanks to you at home for watching. i want to wish a happy birthday to melissa's baby girl. now it is time for a preview. >> you are here because she is throwing the ultimate birthday party. it is all good. thank you so much. snow hurricane, the blizzard forecast to hammer parts of the northeast as well as new england with the snow. then the deep freeze. a bus driver has a medical emergency and loses control. how police managed to stop the

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breaking at this hour a shooting overseas at a cafe that may have targeted specific targets. a live report ahead. after years in office a stunning fall for a u.s. governor. his story and the role his fiance played in an amazing turn of political fortunes. bracing for more. another storm slams the northeast this weekend. it is not just bringing unprecedented snow. details in the